ML20210U279
| ML20210U279 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-126, FOIA-86-127, FOIA-86-131, FOIA-86-80, FOIA-86-82, FOIA-86-A-161, FOIA-86-A-162, FOIA-86-A-163, FOIA-86-A-164, FOIA-86-A-165 NUDOCS 8610090472 | |
| Download: ML20210U279 (3) | |
Text
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UNITED STATES 8
NUCLEAR REGULATORY COMMISSION n
I WASHINGTON, D.C. 20555 October 1, 1986 CFFICE OF THE SECRETARY Ms. Billie Pirner Garde,. Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, N.W., Suite 202 IN RESPONSE REFER Washington, D.C.
20036 TO 86-A-161 A-165
Dear Ms. Garde:
This letter responds to your August 26, 1986 appeal of the denial of the
- documents in the Nuclear Regulatory Comission's August 12, 1986 response to F01As-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201, 86-209, and 86-263.
In response to your appeal the documents were re-reviewed.
I affirm'the agency's initial action.
The portions of documents listed on the enclosed Appendix H are being withheld pursuant to Exemption (5) of the Freedom of Information Act (F0IA) and contain the predecisional legal analysis, opinions and recomendations of the staff and are part of the agency's predecisional process. The purpose of the deliberative process privilege is to " prevent injury to the quality of agency decisions." NLRB v. Sears Roebuck & Com>any, 421 U.S.132,151 (1975).
Disclosure of the withheld portions of t1ese predecisional documents would be likely to " stifle honest and frank comunication within the agency." Coastal States Gas Corp. v. Department of Energy, 617 F.2d 854, 866 (D.C. Cir.1980).
Documents 1 and 2 on Appendix H as listed in the August 12, 1986 response are also withholdable under Exemption (5) as draft documents. These two documents contain no further reasonably segregable factual material than what has already been placed in the Public Document Room in accordance with the agency's August 12,1986 response.
Finally, pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.
This letter represents final agency action on your August 26, 1986 F0IA appeal. Judicial review of the denial of documents is available in Federal h2861001 W
GARDE 86-A-161 PDR
2 District Court in the district in which you reside or have your principal place of business, or in the District of Columbia, Si cerely, u
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f Secretarytof the Commission
Attachment:
Appendix H
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,y F01A-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201 86-209, and 86-263 APPENDIX H
'DATE O
FROM F0IA 86-80 and 86-82 1.
January 24, 1986 Victor Stello, Jr.
Robert B. Minogue RE: OPTIONS PAPER ON DECOMMISSIONING RULEMAKING WITH HANDWRITTEN NOTE BY T. REHM F0lR 86-126,86-127 and 86-131 2.
March'20, 1986 Carlton C. Kamerer T. A. Rehm RE:
TESTIMONY ON MIXED WASTE FOR MARCH 25 SENATE HEARING i
I -
./'p s,z\\q UNITED STATES p*'
NUCLEAR REGULATORY COMMISSION n
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,,E WASHINGTON, D. C. 20555 AUG 12 M Ms. Billie Pirner Garde Citizens Clinic Director IN RESPONSE REFER Government Accountability Project TO F01As-86-80, 86-82,86-126, 1555 Connecticut Avenue, NW, Suite 202 86-127,86-131, 86-166,86-201, Washington, DC 20036 86-209, AND 86-263
Dear Ms. Garde:
This is in further response to your letters dated February 3, February 10, February 17, February 24, March 3, March 10, March 17, March 24, and March 31, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), documents generated or prepared by Victor Stello since his appointment as Acting Executive Director for Operations.
In a telephone conversation with Carol Ann Reed of my staff on January 28, 1986, you narrowed the scope of your previous requests for the same types of documents to 1) handwritten and typed notes of Victor Stello; 2) notes and correspondence dictated by V. Stello; 3) records reflecting V. Stello's decisions and comments and the records upon which the d'ecisions and comments were based; 4) correspondence and other records prepared by V. Stello's staff which carry out a V. Stello directive; and 5) SECY papers signed by V. Stello.
Therefore, these requests have been processed using these same guidelines.
The documents listed on the enclosed Appendix G are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC. You may obtain access by presenting a copy of this letter to the PDR staff or by requesting PDR folder F0!A-86-263 under your name.
Portions of the documents listed on the enclosed Appendix H are being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5))
and 10 CFR 9.5(a)(5) of the Commission's regulations. These are drafts of documents or documents which contain advice, opinions and recomendations.
Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. The nonexempt portions of the Appendix H documents are being placed in the POR in folder F0!A-86-263.
Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Victor Stello, Jr., Executive Director for Operations.
a 1
i
2-Ms. Garde I
This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission.
Washington, DC 20555, and.should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decisior.."
The review of additional documents subject to your requests is continuing. As soon as our review is completed, we will notify you.
Sincerely,
/',sm /
Donnie H. Grimsley, Director J
Division of Rules and Records Office of Administration
Enclosures:
As stated d
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F01A-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201, 86-209, and 86-263 APPENDIX G i
DATE 0
FROM F01A-86-80 and 86-82 1.
February 3,1986 Margot Bridgers Richard Iselin RE: COOPER /LECKY'S NOTES ON INTERVIEWS WITH SENIOR REPRESENTATIVES OF YOUR OFFICE OR DIVISION 2.
January 31, 1986 Ron Hauber C. J. Heltemes RE: NOTES FOR DISCUSSION WITH K. STADIE F01A-86-126, 127, and 131 3.
February 26, 1986 Harold R. Denton, et al. Victor Stello, Jr.
RE: NOMINATIONS OF CANDIDATES FOR INCIDENT INVESTIGATION TEAMS F01A-86-263
- 4. April 2, 1986 PRB Listing 6
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s F01A-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201 86-209, and 86-263 APPENDIX H DATE TO FROM FOIA 86-80 and 86-82
- 1.
January 24, 1986 Victor Stello, Jr.
Robert B. Minogue RE: OPTIONS PAPER ON DECOMMISSIONING RULEMAKING WITH HANDWRITTEN NOTE BY T. REHH F0IR 86-126,86-127 and 86-131 2.
March 20, 1986 Carlton C. Kammerer T. A. Rehm RE: TESTIMONY ON MIXED WASTE FOR MARCH 25 SENATE HEARING 1
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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 10, 1986 FREEDOM OF INFORMATION ACT Director e Rd.h0M OF INFOHM A Pi' Office of Administration AcT or.gurgt Nuclear Regulatory Commission (r CEIId "I h-S$3 Washington',
D.C.
20555 l
he b 2-// -94 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda -
tions, SECY papers, telephone messages, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.
This request should be broadly construed to include all the daily activity logs of Mr. Stello, and any documents generated by his office staff and over which he excercises control.
We expect that this request will produce records of all meetings Mr. Stello has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.
This request includes all agency records, whether they currently exist in the NRC official," Working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed snd/or removed after this request, please provide all surrounding records, including but not limited to a list of all records.which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general
- public," 5 USC section 552(a) (4) (a).
GAP is non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project 7 1.
333 g
~
February 10, 1986 Page Two promotes wh'istleblowers as agents of government accountability.
i The Trial Lawyers for Public Justice's Citizen Legal Clinic is 1
also a non-profit, public interest group which assists individuals throughout the country to right intentional or
~
unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.
We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
4 For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S. section 977 (1974).
We look forward to your response to this request within ten days.
Sioneerely, i%hb Billie Pirner Garde BPG:41901 i
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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Conneaicut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 3, 1986 FREEDOM OF INFORMATION ACT_
Director
.,i.h(,7[j' Office of Administration Nuclear Regulatory Commission
[Q,{A pg,n Washington, D.C.
20555 G2u& 2.-/3 46 To Whom It May Concern:
Pursuant to the Freedom of Infcrmation Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.
This request should be broadly construed to include all the daily activity logs of Mr. Stello, and any documents generated by his office staff and over which he excercises control.
We expect that this request will produce records of all meetings Mr. Stello has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Ste11o's predecessor.
This request includes all agency records, whether they currently exist in the NRC official," working," investigative or' other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed snd/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP &nd TLPJ reque'st that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a).
GAP is non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project 1
33 pp
February 3, 1986 Page Two promotes whistleblowers as agents of government accountability.
The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.
Ne are requesting the above informatiion as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
section 977 (1974).
We look forward to your response to this request within ten days.
Signcerely, ib bh Billie Pirner Garde BPG:41901 l
I
~
GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awenue, N.W., Suite 202 Woshington, D.C. 20036 (202)232 8550 February 24, 1986 i
FREEDOM OF INFORMATION ACT l
FREEDOM OF INFORMAT!ON Director ACT REQUEST Office of Administration Fora -Pt -/eaf Nuclear Regulatory Commission Washington, D.C.
20555 gog To Whom It May Concern:
I.
Pursuant to the Freedom of Information Act ("FOIA"), 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency re~ cords and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.
This request should be broadly construed to include all the i
daily activity logs of Mr. Stello, and any documents generated by I
his office staff and over which he excercises control.
We expect i
that this request will produce records of all meetings Mr. Stello has with any ddustry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stallo's predecessor.
This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a).
GAP is non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the I'roject i
f&o?
0 3 6 s er
k February 24, 1986 Page Two promotes whistleblowers as agents of government accountability.
The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.
We are requesting the above informatiion as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
For any documents or portions that you deny due to a specific FOIA' exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
section 977 (1974).
We look forward to your response to this request within ten days.
Sincerely, SW Billie Pirner Garde BPG:41901 1
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GOVERNMENT ACCOUNTABlu1Y PROJECT 1555 Connecticut Awnve, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 March 3, 1986 FREEDOM OF INFORMATION ACT FREEDOM OF INFORMATION Fora -QUEST %-/2 ACT RE Director Office of Administration Nuclear Regulatory Commission
- 4 8i-9k Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.
This request should be broadly construed tio include all the daily activity logs of Mr. Stello, and any documents generated by
~
his office staff and over which he excercises control.
We expect that this request will produce records of all meetings Mr. Stello has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.
This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a).
GAP is non-profit, non-partisan public interest organization concerned with honest l
and open government.
Through public outreach, the Project l
Tfo0] 40%D rep l
l
~
March 3, 1986 Page Two promotes whistleblowers as agents of government accountability.
The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.-
i We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
section 977 (1974).
We look forward to your response to this request within ten days.
Sincerely,
\\b Billie Pirner Garde BPG:41901
GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 17, 1986 FREEDOM OF INFORMATION ACT FREEDOM OF INFORMADON Director ACT REQUEST Office of Administration
[C7M -M */d/
Nuclear Regulatory Commission h 3-) U Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 USC section 552, the Government Accountability' Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages,, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.
This request should be broadly construed to include all the daily activity logs of Mr. Stello, and any documents generated by his office staff and over which he excercises control.
We expect that this request will produce records of all meetings Mr. Stello has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.
This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP:and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a).
GAP is non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project 8607( 03Q yee
C 8
February 17, 1986 Page Two promotes whistleblowers as agents of government accountability.
The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.
We are requesting the above informatilon as part of an.
ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
For any. documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents.or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 41b U.S. section 977 (1974).
We look forward to your response to this request within ten days.
Sincerely, nu -
Billie Pirner Garde BPG:41901 O
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